South American Wine Tour

The contract between You, the Client/s (all persons named on the booking form or reservation email) and Silvara Cellars.

a. To secure a booking with Silvara Cellars, You must deposit in advance funds representing 40% of the cost of the total land package due and 100% of any flights. The deposit is non refundable.

b. A booking is accepted and becomes definite only when payment has been received and Silvara Cellars has confirmed acceptance and issued a confirmation invoice. It is at this point that a binding contract between Silvara Cellars and You comes into existence.

c. The contract is between Silvara Cellars and persons named on the booking form.

Payment

a. The balance of all monies due must be paid to Silvara Cellars no later than 60 days before departure. In case of non-payment of the balance by the due date Silvara Cellars will treat the booking as canceled by the Client.

b. In the case of late bookings, (those made within 60 days of the departure date), full payment of the balance is due immediately. Trips that take place between December 20th to January 5th or during Carnival and other major South America holidays (like Easter, Harvest, etc) require full payment (non-refundable) at time of confirmation.

c. Payment can be made by transferring the total amount of the invoice to one of our accounts or paid by credit card. Silvara Cellars accepts all major credit cards. In case of a bank transfer, all wiring and transfer costs should be assumed by You.

d. We do not accept cash payments on site. All payments for extra services must be paid for through our online payments page using the above mentioned methods.

Changes to the booking by You

If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing. Your notice requesting a change or cancellation will only take effect when it is received in writing, and if it is received outside our Customer Service operating hours, it will only be effective from the next working day.

Substitution of Traveler

If any member of your party is prevented from traveling, it may be possible to transfer the booking to another person, provided that written notice is given at least 60 days prior to departure. An administration fee of 100 USD will be levied plus any costs imposed by Silvara Cellars suppliers in case of a modification after 60 days. Airlines may impose 100% cancellation charges and the cost of a new ticket, in case a ticket was issued.

Standard policy for cancellations by you

Since we incur costs in canceling your travel arrangements, such as for the flights which are non-refundable in all cases, penalties and cancellation fees shall apply to packages and/or services based on the anticipation of the contract termination, as indicated below.

Period before departure in which you notify us:

Up to 60 days prior to departure, 40% of the total travel cost will be deducted as penalty.

59 to 45 days prior to departure, 60% of the total travel cost will be deducted as penalty.

44 to 30 days prior to departure, 80% of the total travel cost will be deducted as penalty.

Less than 30 days prior to departure, 100% of the total holiday cost will be deducted as penalty.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

We will deduct the cancellation charge(s) from any monies you have already paid to us. If you are entitled to a refund, this will be issued within 14 days of the date you inform Silvara Cellars of the cancellation.

Cancelation exceptions

In some cases, Hotels, our Cruises, Inka trail etc are subject to a different cancellation policy. In these cases you will be notified at the time of receiving the quote for your trip.

Changes to the booking by Silvara Cellars

Hotels and services are confirmed upon receipt of the deposit. If any of the selected hotels or services is unavailable, Silvara Cellars will offer You alternative options at the same price. If none are available Silvara Cellars will offer alternate choices and will change the overall booking price accordingly. While Silvara Cellars makes every effort to operate all tours as advertised, by entering into this contract the Client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions. Silvara Cellars reserves the right at any time to cancel or change any of the facilities, services or prices (including flights, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation. If a major change becomes apparent, the Client will be told at the time of the booking. If a major change becomes necessary after booking, Silvara Cellars will inform the Clients as soon as reasonably possible. When a major change is made the Client will have the choice of accepting the change of arrangements, purchasing any other available tour, or canceling the tour and obtaining a full refund provided that the major change is not because of force majeure (please see the following definition of Force Majeure).

Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concern’s control. We consider a pandemic like COVID-19 a force majeure event.

Limitation of liability

Silvara Cellars, its employees and stakeholders do not own or operate any entity which provides services for its tours. All transportation, accommodation, restaurants, tour services etc, are independent and are purchased by Silvara Cellars for the tour package. Silvara Cellars acts only in the capacity of an agent upon the legal conditions that, while exercising every possible precaution, it is not responsible for injury, sickness, damage, loss, additional expenses, accidental delay, or other irregularities which may be caused either through willful or negligent acts or omissions made by the companies or individuals providing or engaged in transportation, accommodation or other services related to the accomplishment of the tour, or through illness, disease or force majeure (as defined in the above section) such as natural disasters, social upheavals or other causes. In the event of force majeure, illness or disease Silvara Cellars is not liable for any charges in the event of cancellation of the tour or part of the tour, downgrading, or a change (beyond their control) to the departure time or date of a tour, flight or other form of transport. Silvara Cellars is not responsible for any damage to property, injury, death or financial or physical loss or illness during the tour. Silvara Cellars advises all passengers to ensure that they are fully insured for their trip and to be aware that travel in South America can be dangerous. The Client assumes all risks associated with participating in their tour.

Surcharges

Silvara Cellars reserves the right to increase the tour cost to take into account the following items: government actions, currency, transportation costs – including the cost of fuel, overflying charges, airport charges and increases in scheduled air fares. If the surcharge results in an increase of more than 15% of the tour cost, the Client may cancel the booking within seven days of receiving notification of the surcharge by Silvara Cellars and obtain a full refund for the land portion of the itinerary.

Special Requests

Special requests made by the Client, such as adjacent or connecting rooms, bedding requests, smoking rooms and special dietary requirements should be advised at time of booking. Please note that though Silvara Cellars will make every effort to organize any special requests they cannot be guaranteed. Please note that if single accommodation is requested, a single supplement fee will be included in the quote. Single rooms may not always be available.

Changes to booking after initial deposit

Charges may apply to modifications requested by the client after the payment of the initial deposit. This does not include additional services or days in addition to those already paid for in the initial deposit. All changes that disrupt the chronological order of the booking and/or currently booked hotels or services may result in a supplemental booking fee.

Passports, Visas and Vaccinations

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. Up to date travel advice can be obtained from the Department of State, visit www.state.gov

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

The airlines, in compliance with the requirements of the US Government, are legally obliged to allow the Bureau of Customs and Border Protection (CBP) US data to access certain travel and booking of passengers flying into / from or transiting through the US. This data is primarily used to prevent and combat terrorism, organized crime and other serious transnational criminal offenses.

Special note on COVID-19 situation and/or other similar situations

Should a PCR or any travel requirements necessary to enter the destination of a purchased trip, the arrangements within the required timescale and related costs will be entirely the customer’s responsibility. Once the trip has begun, should the client present any symptoms related to COVID, resulting in the modification of the contracted services, (e.g. night’s stay, changes of hotel or flights) any additional expenses will be the customers responsibility and must subsequently be claimed from their insurance company.

Age, Fitness and Participation

All Clients are expected to ensure themselves that they are fit and able to complete the itinerary of their choosing prior to booking. Persons over 60 years of age are advised to obtain medical evidence of fitness to travel on their chosen itinerary. If the chosen itinerary accepts minors (those under 18 years of age), no unaccompanied minors can be accepted on tours operated by Silvara Cellars. Silvara Cellars reserves the absolute right to decline a booking at their discretion. Clients agree to accept the authority and decisions of Silvara Cellars employees, tour leaders and agents whilst on the tour with Silvara Cellars . If in the opinion of such a person the health or conduct of a Client before or after departure appears likely to endanger the safety, comfort or progress of a tour, the Client may be excluded from all or part of the tour. During travel in South America -and other areas where Silvara Cellars operates tours- the Client may experience extreme conditions such as high altitude, high temperatures or low temperatures. It is the responsibility of the Client to ensure that they are prepared for these eventualities and Silvara Cellars accepts no responsibility for illness, damage to possessions or health or inability to complete all or part of the tour due to such factors.

Baggage restrictions and responsibility

The Client is entirely responsible for their own baggage at all times and must ensure that they comply with all size and weight restrictions imposed by airlines for both domestic and international flights, as well as on any other mode of transportation related to the tour. It is the Client’s responsibility to ensure that all luggage and personal effects are fully insured and Silvara Cellars accepts no responsibility for loss of, damage to, or any costs or inconveniences as a result of the loss of, or damage to baggage or personal effects.

Local laws

All participants in tours operated by Silvara Cellars are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve Silvara Cellars of any and all obligations that they may otherwise have under these booking conditions.

Illness or disability

Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the tour. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the tour in which case all monies paid will be forfeit. If the chosen holiday includes a cruise or excursion or transfer by boat of any sort the Client must make it known at the time of booking if he/she is unable to swim. This will not prevent the Client from participating in the tour but will enable Silvara Cellars to take additional precautions for the Client’s safety at such times as may be appropriate. Anyone with dietary restrictions, food allergies or otherwise, assumes full responsibility for ensuring that their own needs and requirements are met. Whilst Silvara Cellars will make every effort to ensure that clients are catered for wherever possible, it is not always possible to provide alternative meals or ensure that food is prepared entirely free of certain elements (such as nuts). In the event of any illness or loss of enjoyment resulting from such issues Silvara Cellars assumes no responsibility.

If the Client has a Complaint

If the Client has a complaint about any of the tour elements or services he/she must bring it to the attention of the tour leader or other representative of Silvara Cellars at the time so that they can make their best effort to rectify the situation. It is only if/when Silvara Cellars is made aware of any problems that there will be the opportunity to make any necessary changes to rectify the problem. Failure to complain on the spot will result in the Client’s ability to claim compensation from Silvara Cellars being nullified, or at least reduced. Should the problem remain unsolved, a complaint must be submitted in writing to Silvara Cellars within 28 days of the completion of the travel.

Flight Bookings

Silvara Cellars will make its best effort to ensure that all flight prices are correct at the time that they are quoted by our partners. Airlines reserve the right to amend or withdraw fares without prior notice. Once a deposit is paid on an airfare, it guarantees that a booking is being held for you, but it DOES NOT GUARANTEE the fare. The fare can only be guaranteed when the flight booking has been paid for in full and a ticket has been issued. Flight bookings cannot be transferred. The flight times given by Silvara Cellars are for general guidance only and are subject to change. Up-to-date flight times will be shown on the tickets. You must check the tickets very carefully immediately upon receipt of the latest timings. Silvara Cellars will attempt to inform You as soon as possible in the event of any flight alteration. Details of airlines are also subject to change. Such alterations do not constitute a significant change to the travel arrangements and will therefore not be entitled to cancellation without paying the normal charges as a result. Silvara Cellars cannot be held responsible for any delay to your flight whether this delay is caused by adverse weather conditions, the action of air traffic controllers, airport authorities or (local) governments, the rescheduling of flight times by the airline, mechanical breakdown, strike, industrial action or any other reason

Use of website

The use of the web site (the “Web Site”) is subject to the terms and conditions stated herein. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular Silvara Cellars services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time.

Ownership of Copyrights/Usage Restrictions

The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Silvara Cellars or its licensors. United States and worldwide copyright laws and treaty provisions protect the entire contents of this Web Site. In accordance with these terms, except as stated above, you and other Web Site users may not: Copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material from the Web Site. Copy, modify or display trademarks, names or logos appearing on this Web Site in any way without Silvara Cellars ‘s express written permission. Redeliver any of the pages, text, images or other content of this Web Site using “framing” technology without Silvara Cellars ‘s express written permission.

Travel insurance

Travel insurance is highly advisable for all Clients traveling on a tour organized by Silvara Cellars. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance. A suitable insurance policy should provide adequate cover for medical expenses arising through illness or accident prior to or during travel and loss of travel monies through cancellation or curtailment of the holiday for insurable reasons. Clients should ensure that there are no exclusion clauses limiting protection for the type of activities in their tour. Clients should satisfy themselves that any travel insurance arranged is what they require and should arrange supplementary insurance if need be. Travel insurance is able to protect you against any losses due to any changes that may occur prior to your travels, as well as providing security for the duration of your travels. Silvara Cellars can suggest travel insurance Companies. However, Silvara Cellars acts only as an agent for such companies and accepts no responsibility for any issues that arise between the client and the insurance companies. All dealings with and claims made must be directed at and discussed with the Insurance Company and not with Silvara Cellars.

Related Terms

Software If you download software from this Web Site, the software, including all files, images contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Silvara Cellars. Neither title nor intellectual property rights are transferred to you, but remain with Silvara Cellars, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, or Syria; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

Disclaimer; No Warranty

The factual information contained in this Web Site is obtained from sources believed to be reliable and accurate. Silvara Cellars makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and is not responsible for any errors or omissions therein, whether caused by the source of the information or Silvara Cellars. All factual and other information, including any opinions, accessible through the Web Site are provided on an “AS IS, AS AVAILABLE” basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. Silvara Cellars is not responsible in any way for any loss that results from the use of the factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory or incidental damage. No advice or information, whether oral or written, obtained by you from Silvara Cellars or through or from this Web Site shall create any warranty.

Limitation of Liability

You expressly understand and agree that Silvara Cellars will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Silvara Cellars has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the Web Site.

Linkage/Advertising

You may, through hypertext or other computer links, gain access to third parties sites on the World Wide Web, which are not related to or maintained by Silvara Cellars. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and Silvara Cellars takes no responsibility for the content therein, regardless of whether the link is provided by Silvara Cellars or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any web site to which the Web Site may link, including information on such other website regarding Silvara Cellars . By providing access to other web sites, Silvara Cellars is not endorsing the products and services provided by any web site’s sponsoring organization. Other web sites may include a link to this Web Site, provided such sites link to the home page (www.silvarawine.com) only. Linking to other content within the Web Site is prohibited without the express written consent of Silvara Cellars. Please e-mail requests for such consent to info@silvarawine.com. This limited license expressly prohibits the framing of Silvara Cellars in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Your correspondence or business dealings with, or participation in promotions of, any advertisers found through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

Visitor Privacy

We recognize that you have an interest in how we collect, retain and use information about you. At www.silvarawine.com, we collect certain information about you through the use of “cookies”, which are small pieces of information that are stored by your browser on your computer’s hard drive. We collect, retain and use information about you solely for the purpose of better understanding our users and their use of the Web Site. We also collect information through the forms you complete when you elect to subscribe to e-mail newsletters. We consider your data to be private and confidential, and we hold ourselves to the highest standards of trust and fiduciary duty in their safekeeping and use. Silvara Cellars will not release information collected about you unless we receive your prior consent or we are required by law to release information to the recipient. With permission, we may use your name and organization description in designated areas of the Web Site and services as well as other marketing materials used to promote Silvara Cellars .

Confidentiality Policy

To the extent a password is provided to you for access to a portion of the Web Site, you agree to keep your password confidential and to notify Silvara Cellars promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.

Submissions

While we value your feedback on our Web Site and services, we request that you be specific in your comments on those services andnot to submit any ideas, suggestions, materials, concepts or other information (collectively referred to herein as “Non-Solicited Information”). If, despite our request, you send us any such Unsolicited Information, all such Non-Solicited Information shall be deemed, and shall remain, the property of Silvara Cellars and none of the Non-Solicited Information shall be subject to any obligation of confidence on our part and we shall not be liable for disclosure of any Information and shall have unrestricted use of such Information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or other provider of the Information.

Representations Related to Submission of Plans and Resumes

By submitting a business plan to Silvara Cellars, you represent that such information is true and accurate and that you have the authority to submit such information for review, development, and evaluation for potential partnership. Due to the open nature of the Internet, you acknowledge that transmission of business plans and confidential information may not be entirely secure. You further represent that you have had the opportunity to receive advice of counsel prior to submission of any information that may be deemed confidential. By submitting a resume to Silvara Cellars, you represent that you are seeking employment and career information from Silvara Cellars and its affiliates, each of which is an equal opportunity employer. You agree not to use the Web Site to post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume. You acknowledge that Silvara Cellars may distribute your resume within the company or among its affiliates and may contact any references listed by you. No representation is given by Silvara Cellars that any resume will be reviewed within a definitive period of time or that any action will be taken with respect to such resumes.

Operation of the Web Site

Silvara Cellars will use reasonable commercial efforts to keep this Web Site available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Silvara Cellars does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.

Silvara Cellars Logo and Design are trademarks or service marks of Silvara Cellars and may not be copied, used, or displayed without the prior written consent of Silvara Cellars.

Media Release

By participating in the wine tours, the Client and their guests consent to the Company taking photographs, videos, and other forms of media during the session. The Client grants the Company the right to use such media for promotional, marketing, and advertising purposes across various platforms, including but not limited to the Company’s website, social media, and printed materials. If the Client or any of their guests do not wish to be included in such media, they must inform the Company in writing prior to the start of the tour.

Amendments

The Company reserves the right to amend these Terms & Conditions at any time. The current version will be available on the Company’s website. Clients will be notified of any significant changes.

Silvara Cellars is the leading winery in Leavenworth, WA


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